ILLINOIS POLLUTION CONTROL BOARD

July 19,

1985

CITY OF AURORA,

Petitioner,

)

 PCB 85—51

U.1INOIS

 ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

SUPPLEMENTAL OPINION AND ORDER OF THE BOARD

 (by J. Anderson):

By

 its Opinion and Order

 of July

11,

 1985,

 the Board granted

the City of Aurora

 (City)

 a five—year variance

 from the

 5 pCi/i

radium standard contained

 in 35

 Ill. Adm.

 Code 604.301(a).

On

July 17,

 1985,

 the City filed a motion

 for expedited ruling,

and

a motion

 for modification of the Order

 to additionally grant

the

City

variance from 35

 Iii. Adm. Code 602.105(a),

 Standards

for

Lpermitl

 Issuance,

 and 602.106, Restricted Status.

 In support

thereof,

 the City asserts

 that,

A modification of the previously entered Order

is

needed since the Illinois Environmental Protection

Agency

 (Agency) has advised petitioner that the United

States Environmental Protection Agency (USEPA) may take

steps

 to revoke the variance granted on July 11, 1985.

The Agency has further advised petitioner that if this

action were successful, construction and/or operating

 permits

 would again be denied by the Agency. ~

A

favorable expedited ruling would

 allow for

the

 immediate

resumption of the issuance of construction permits...”

The

 City states that the Agency has no objection

to

 its motions.

The City’s motions are granted.

The Board notes that

in

 its original ruling

 it had, as has

been the Board’s practice, granted variance only from the

drinking standard:

 once variance

 is granted,

 the petitioner

is

in compliance” with the standard for the life of the variance,

making unnecessary any relief from the standard of

 issuance/

restricted status

 rules which impose “sanctions”

 for non-

compliance.

 Based on the Board’s previous finding that the City

had proved that denial

 of variance would

 impose

 an arbitrary or

unreasonable hardship,

 and the City’s assertions

 that the

variance

 as granted may not provide

 it with complete relief from

permitting problems,

 the Board

 is making the requested

modification solely

 for the purpose of eliminating any lingering

delay or uncertainty.

 Specifically,

 the Board emphasizes

 that

65-101

—2—

this modification should not be construed as implying any change

 in the Board’s findings

 and conclusions

 in its Opinion of 3uly

.U,

 1985.

The

Board

must also note that

it

 is not entirely clear from

the City’s explanation of

 its problem as

 to whether the Agency

has declined

 to issue permits since grant of the variance because

of

the possibility of USEPA action

 to revoke

it,

 or whether

the

~gency

has

merely informed the City that permit denials would

be

legally

required

 if and when tJSEPA should revoke

 the City’s

variance.

 It would appear that the latter

 is the case;

the

(ormer

action would be

 impermissible, as

 a Board variance must

be

given

full force

 and effect until such time as the Board,

a

court1 or

USEPA should

 issue a final order

 negating

it.

The complete text of

 the variance order

 as modified

 is set

forth below,

 to facilitate proper handling by interested parties.

This Supplemental Opinion constitutes

 the Board’s

Supplemental findings of fact and conclusions of law in this

matter.

ORDER

1,

 Uniti July

1,

 1990, Petitioner,

 the City of Aurora,

is

granted

variance from the

 5 pCi/l combined radium standard of 35

Ill.

Adm.

Code

 604.301(a),

 and from 35 Ill.

 Adm. Code 602.105(a),

Standards

 Issuance and 602.106,, Restricted Status,

 as they

relate

to

excursion from the combined radium standard,

 subject

to

the

following conditions:

A.

 On or before October 15,

 1985,

 the Petitioner

 shall

secure professional assistance

 (from present staff

and/or

 an outside consultant)

 in investigating

compliance options, including

 a review of the

possibility and feasibility of achieving compliance by

blending water from alternative water sources with that

of its deep wells.

 On or before November

15,

 1985,

evidence that such professional assistance has been

secured shall

 be submitted to the Agency’s Division of

Public Water Supplies, FOS,

 at 2200 Churchill Road,

Springfield,

 Illinois 62706.

 This information

 shall

include, but not be limited

to,

 activities described

in

the City’s variance petition of April

 15, 1985.

 More

specifically,

 the City shall

(i)

 Continue with

 its shallow acquifer engineering

investigation program.

(ii)

 Beginning with existing shallow well number

 101,

construct and place on—line new shallow wells

in

conformance with the data generated by

 (i),

above.

65-102

—3—

(iii)

 In conjunction with the Agency, continue the

sampling program to monitor the radium levels

in

all wells

 as well

as

 in finished water.

(iv)

 Continue monitoring

 the activity of

 the DuPage

Water Commission

 in order

 to determine the

feasibility of Lake Michigan as

 a water

 source

for

 the years

 1990 and beyond.

B.

 As expeditiously after

 identification of

 a feasible

compliance method as

 is practicable, but no later than

July 1,

 1988, Petitioner

 shall submit a program (with

increments of progress)

 for bringing

 its system into

compliance with radiological quality standards by

July

1,

 1990.

 This program should be submitted

 to the

Agency’s Division of Public Water Supplies, Permit

Section,

 at 2200 Churchill Road, Springfield, Illinois

 62706.

 The City shall adhere to all timetables

contained in this compliance program.

C.

 Until

 full compliance

 is reached,

 the City shall take

all measures with

 its equipment as

 it from time to time

exists to minimize the level

 of combined radium

 in its

finished drinking water.

D.

 Pursuant to 35

 Ill. Adm. Code Section 606.201,

 in the

first set of water bills

 issued after grant of

 this

variance,

 the City shall send to each user

 of its public

water supply a written notice

 to the effect that the

City has been granted a variance from the Radium—226

and

228 combined concentration standard.

 The notice

 shall

state the average concentration of Radium—226 and 228

in

samples taken since the

 last notice period

 in which

samples were taken.

2.

 Within forty—five days of the date

 of this Order,

the

city shall execute and forward

 to Wayne Wiemerslage, Enforcement

Programs, Illinois Environmental Protection Agency,

2200

Churchill Road,

 Springfield, Illinois 62706,

 a Certificate

of

Acceptance

 and Agreement to be bound

 to all terms and conditions

of this variance.

 This forty—five day period

 shall be held

in

abeyance for any period

 this matter

 is being appealed.

 The form

of this certificate

 shall

 be as follows:

65-103

—4—

CERTIFICATIOtq

The City

 of Aurora hereby accepts and agrees

 to be bound by

all

 terms and conditions of

 the Opinion and Order

 dated July

11,

1985,

 as modified by the Supplemental Opinion and Order dated

luly 19,

 1985,

 of the Pollution Control Board

 in PCB 85—51.

~i~i~I?y

 of Aurora

By:

 As Authorized Agent

Title

Date

IT IS SO ORDERED.

J.

 D. Dumelle concurred.

I, Dorothy

 M. Gunn,

 Clerk of

 the Illinois Pollution Control

Board hereby certify that the above Supplemental Opinion and

Order was adopted on the

 day of

___________________

1985 by a vote of

—7—0

Dorothy

M.

 unn, Clerk

Illinois Pollution Control Board

65-104